Definition of Declarant

Started by DavidS5 • 1 replies • 7842 views

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DavidS5 (South Carolina)
Posts: 1

Posted:

My HOA is in the early stages of forming, but we (owners) have a concern regarding our covenants/bylaws regarding the "Declarant". Recently, one of our homeowners purchased Smithbrook Development LLC from the original developer. However, no developable property (only common property) was purchased in this transfer. My question is, "To become the declarant, does developable land have to be owned by the purchaser/successor? On the second page of our bylaws (under definition of Declarant), it clearly states that the transfer of the declarant shall aquire property for the purpose of development. Any help on this subject would be greatly appreciated.

RogerB (Colorado)
Posts: 5,067

Posted:

David asked "To become the declarant, does developable land have to be owned by the purchaser/successor?" My answer is they should not be the declarant; however if it is still necessary to complete the transfer of common areas to the association this may be required. Why do you ask?

I presume you have already read the definition of "Declarant" in your Declaration. Following is an example.

1.11 DECLARANT means the __________ COLORADO PARTNERSHIP, a Colorado General Partnership, its successors and assigns. A Person shall be deemed a "successor and assign" of the said _______ COLORADO PARTNERSHIP as Declarant only if specifically designated in a duly recorded instrument as a successor or assign of Declarant under this Declaration.

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